Professional Compensation/Fees

Supreme Court Won’t Rule on Remedies for Overpayments and Violation of Rule 3002.1

The Supreme Court on June 13 declined to hear two bankruptcy cases in the term to begin next October.

Ethics Panel

2018 Increase in U.S. Trustee Fees Held Unconstitutional by the Supreme Court

The Supreme Court’s unanimous opinion avoids saying whether the dual system of U.S. Trustees and Bankruptcy Administrators is itself unconstitutional.

Judge Ambro Explains the Primacy of Section 327(a) over State Ethics Rules

Absent an ‘actual conflict,’ disqualification is not automatic, the Third Circuit says.

Bankruptcy Courts in Colorado and Minnesota Bar Bifurcated Fee Arrangements

Local rules require lawyers to prepare and fill all required chapter 7 papers regardless of whether the debtor pays the fee or agrees to pay the fee.

In Reciprocity States, the Court Must Rule on Contract Issues to Shift Fees, Circuit Says

Even if a dischargeability suit is based on a contract, the winner is not entitled to fee-shifting if the court rules on noncontract issues.

The Benefits and Ethical Concerns of Nonlawyer Fee-Sharing

July 2022

Second Circuit Allows Appellate Attorneys’ Fees for Upholding a Contempt Citation

Finally, a circuit court cites Taggart to help a debtor enforce the discharge injunction.